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Poster: Video-Cellar Date: Sep 12, 2009 12:32am
Forum: feature_films Subject: Re: Secret agent X-9 Public Domain

A derivative work does not have to credit the original work for that work's owners to control its distribution.

The Estate of Samuel Dashiell Hammett terminated all copyright agreements and took over the literary copyrights to Secret Agent X-9. The Secret Agent X-9 serials are derivative works based on elements from Hammetts work with licensing agreements that reflect that. Because of this, the estate has the right to control the distribution of the films and later strips and books written by other authors.

Secret agent X-9 / By Dashiell Hammett. AA151784 (1934) Termination...
Type of Work: Recorded Document
Document Number: V2601P503
Date of Recordation: 1990-10-15
Entire Copyright Document: V2601P503-505
Registration Number Not Verified: AA151784 (1934) Termination effective 12Oct92.
Title: Secret agent X-9 / By Dashiell Hammett. AA151784 (1934) Termination effective 12Oct92.
Notes: Notice of termination of grant under 17 U.S.C. sec. 304; date and manner of service of the notice: 8Oct90 by first class mail.
Party 1: Amy Ardell, authorized agent for Josephine Hammett Marshall & Mary Hammett Miller, heirs of Dashiell Hammett, deceased.
Party 2: Alfred A. Knopf, Inc., Random House, Inc.; Isidore Englander, John Hersey, Kingman Brewster & Jack H. Klein, as executors of the Estate of Lillian Hellman, assignee of Popular Publications, Inc; William Abrahams, Peter Feibleman & Richard Poirer, as literary executors under the Will of Lillian Hellman;

Names: Ardell, Amy
Marshall, Josephine Hammett
Miller, Mary Hammett
Hammett, Dashiell
Englander, Isidore
Hersey, John
Brewster, Kingman
Klein, Jack H.
Abrahams, William
Feibleman, Peter
Poirer, Richard
Alfred A. Knopf, Inc.
Random House, Inc.
Popular Publications, Inc
Lillian Hellman Estate of
Lillian Hellman Will of

This page gives lots of instances of underlying copyrights and how that effects otherwise public domain (or valid copyright owners' use of their copyright) derivative works after aggreements end or are terminated http://chart.copyrightdata.com/ch10.html

I also wouldn't rely on these serials being public domain in the first place. As far as I can tell there has only been the authorised editions of the 1937 and 1945 serials from VCI available commercially (VHS and DVD releases of both).

This post was modified by Video-Cellar on 2009-09-12 07:32:35

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Poster: anh Mike Date: Sep 13, 2009 10:17am
Forum: feature_films Subject: Re: Secret agent X-9 Public Domain

This copyright is a notice of TERMINATION not ownership.

Words termination and "Registration number not verified". reread the document carefully. Reread for clarity.
It appears that the Hammett estate attempted to copyright X-9 illegaly and the US government terminated the copyright and they were notified. In otherwords only King's features owners the rights to the character.
(NOTE!!!!) placed by me everything else post by video-cellar.

Secret agent X-9 / By Dashiell Hammett. AA151784 (1934) Termination...
Type of Work: Recorded Document
Document Number: V2601P503
Date of Recordation: 1990-10-15
Entire Copyright Document: V2601P503-505
Registration Number Not Verified: AA151784 (1934) (NOTE!!!!) Termination effective 12Oct92. (NOTE!!!!)
Title: Secret agent X-9 / By Dashiell Hammett. AA151784 (1934) Termination effective 12Oct92. (NOTE!!!!)
Notes: Notice of termination of grant under 17 U.S.C. sec. 304; date and manner of service of the notice: 8Oct90 by first class mail.
Party 1: Amy Ardell, authorized agent for Josephine Hammett Marshall & Mary Hammett Miller, heirs of Dashiell Hammett, deceased.
Party 2: Alfred A. Knopf, Inc., Random House, Inc.; Isidore Englander, John Hersey, Kingman Brewster & Jack H. Klein, as executors of the Estate of Lillian Hellman, assignee of Popular Publications, Inc; William Abrahams, Peter Feibleman & Richard Poirer, as literary executors under the Will of Lillian Hellman;

THIS DO NOT PROVE PUBLIC DOMAIN. I have check films superlist. Have you? You said they were both renewed.

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Poster: Video-Cellar Date: Sep 13, 2009 11:56pm
Forum: feature_films Subject: Re: Secret agent X-9 Public Domain

Section 304 termination refers to the ability of the estates of deceased authors who have assigned their copyright (to a publisher, a film company, etc) to terminate the aggreements by notifying the copyright assignees of the termination of grant/agreement within certain time windows. This effectively means that any licenses or aggreements that the creator of the copyright work made to assign their rights to publishers, etc are cancelled and continued use by the licensee would require a new agreement.

Section 304 termination is now available around three milestones in the copyright term.
1. If the author dies before renewal term (28 years) the estate can get control of the copyright for all renewal terms and extensions.
2. If the author dies in the first renewal period, termination can be made effective around the 56 year anniversary so that the estate has copyright for the extension terms.
3. If the author dies before the end of the first extension term (75 years) the estate can terminate aggreements and control the copyright for the secont extension term (to 95 years) and any further extensions.

The copyright office often note Registration Numbers as "not verified" on Recorded Documents. This is because they don't always check the details on recorded documents. "Recorded Documents" in their database are just noterised transactions. This means that the Estate has filed its termination letter with the copyright office so that is properly recorded. I can confirm that the listed registration number is valid. This is the Secret Agent X-9's renewal entry:
Title Secret Agent X-9. Book 1
Author HAMMETT, DASHIELL (Illus. by Alex Raymond)
Registration Date 2Jul34
Renewal Date 3Jan62
Registration Number AA151784
Renewal Id R287746
Renewing Entity Josephine Marshall & Mary Jane Miller (C of D. Hammett)
Old Class Code

Also if a registration is cancelled due to factual errors, fraud or no compliance it is listed as a "Cancelled Registration" not a "Termination"

This post was modified by Video-Cellar on 2009-09-14 06:56:19

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Poster: anh Mike Date: Sep 14, 2009 4:41am
Forum: feature_films Subject: Re: Secret agent X-9 Public Domain

thanks for the helpfulness and teaching us about the copyrights. You win a cigar. DING!

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Poster: anh Mike Date: Sep 12, 2009 10:30am
Forum: feature_films Subject: Re: Secret agent X-9 Public Domain

first I will apologize in that I do not want anyone to upload any copyrighted film to IA. HOWEVER, neither prevent a film being uploaded because the CHARACTER is TM or COPYRIGHTED like Captian America.

A couple posts suggested PD fo X-9 but were corrected that Dashiel Hammlet owns the rights. However, I found no evidence from the film nor the strips. And Video-cellar has again corrected the idea.

1. NOW explain the difference between, superman, Dick Tracy, Flash Gordon etc. copyrighted and TM chacters and X-9 serial.
2. What does the termination date:

Registration Number Not Verified: AA151784 (1934) Termination effective 12Oct92.
Title: Secret agent X-9 / By Dashiell Hammett. AA151784 (1934) Termination effective 12Oct92.
Notes: Notice of termination of grant under 17 U.S.C. sec. 304; date and manner of service of the notice: 8Oct90 by first class mail.

I am not trying to argue but understand my friend.

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Poster: quigs Date: Sep 12, 2009 5:27pm
Forum: feature_films Subject: Re: Secret agent X-9 Public Domain

SOOOOOOOOOOOO does that mean we get to see it or not?

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Poster: anh Mike Date: Sep 13, 2009 10:14am
Forum: feature_films Subject: Re: Secret agent X-9 Public Domain

it has to be proven that it is in public domain first before anyone can post it.

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Poster: quigs Date: Sep 13, 2009 1:58pm
Forum: feature_films Subject: Re: Secret agent X-9 Public Domain

Okay, that makes sense.

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Poster: Video-Cellar Date: Sep 12, 2009 6:13pm
Forum: feature_films Subject: Re: Secret agent X-9 Public Domain

I think that the main difference is that the copyrights in one Dick Tracy and one Flash Gordon serial and 17 Superman Cartooons and One TV episode were not renewed. The Copyright in the Secret Agent X-9 Serials was renewed.

Essentially, the literary estates involved in the other works (the estates of the Superman creaters, Siegel and Shuster, are currently working through a Section 304 termination which is going through the courts) have the right to control the public domain derivative works if they choose to. It appears that the current rights owners or agents don't want to or can't afford to. An original copyright work can be used to keep an otherwise PD work in check no matter how little (Its a Wonderful Life) or large (Charade) the similarities between the film and source story are.

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Poster: skybandit Date: Sep 11, 2009 11:42pm
Forum: feature_films Subject: Re: Secret agent X-9 Public Domain

Yay! The Wise One is back! Hope you enjoyed your holiday!

Could I pester you to check out my list of maybe PD stuff under my "Public Domain Movie Torrents" post? When ya get a chance, please. Everybody else here trusts your word, and so do I.
Thanx!